IM v Disclosure and Barring Service: [2026] UKUT 4 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Jacobs on 30 December 2025.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 20 February 2026

• Categories: Safeguarding vulnerable groups
• Sub-categories: Safeguarding vulnerable groups - Finding of fact
• Judges: Jacobs, E
• Decision date: 30 December 2025

Read the full decision in UA-2025-000477-V.

Judicial Summary

Safeguarding Vulnerable Groups Act 2006 - section 4(2)(b) – appellant was included in both barred lists on a finding that she had fallen asleep on successive waking night shifts – DBS relied on a description by her employer of a recording made by the service user’s family – the recording was not available to DBS or the Upper Tribunal – tribunal found that appellant had shown a mistake of fact in that she had not fallen asleep, but remitted the case to DBS for a new decision on the basis that she had put herself into a position where she could have fallen asleep.

Published 20 February 2026